Forums 论坛

10/03/2012 11:46:48
Re: Pro-rated MC claim & mc leave

Can employer have the right to pro-rate our MC claims and mc leave upon our resignation ? But they only intended this message to those staff who salary is above RM1500/mth.
Edit | Delete

KL Siew
10/03/2012 14:51:00
There is no law to say the employer cannot do that.
Edit | Delete

12/03/2012 09:48:35
if there is no law to say the employer cannot do that, then how the employee protect ourself for salary is above RM1,500/mth? I mean employer prorate MC claims & mc leave upon resignation for those staff who salary is above RM1,500?
Edit | Delete

KL Siew
12/03/2012 10:06:39
We must remember there is no law to say how much medical claims an employee can make. Medical claims are provided by some companies as an extra benefit to their employees. Most companies provide only paid medical leave which is required by law but not medical claims. As such, companies can decide how and in what ways to manage medical claim payments. If they choose to be so particular or so grudging to pay to those who resign, there is very little the employees can do about it. It does not matter whether the employee's salary is above or below RM1500.
Edit | Delete

13/03/2012 12:22:50
How about medical leave? MC cannot be prorated if salary is below RM1500 which covered by Employment Act, if salary is above RM1,500, which Act should we advice/refer? How staff to protect ourself for MC leave prorated? kindly advice
Edit | Delete

KL Siew
13/03/2012 17:15:52
It looks like there is no law to protect them.
Edit | Delete

Aaron Loh
14/03/2012 18:46:08
There is a clause in the employement act that says:

The employer shall pay the employee his ordinary rate of pay for every day of such sick leave, and an employee on a monthly rate of pay shall be deemed to have received his sick leave pay if he receives from his employer his monthly wages, without abatement in respect of the days on which he was on sick leave, for the month during which he was on such sick leave.

Opinion: Wouldn't the clause above would have in way states that medical leave SHALL not be pro-rated. Medical leave is not normally stipulated in the employement contract as earned days which unlike the annual leave that was given by the employer. In any circumstances, the employer would normally state annual is on earned basis.
Edit | Delete

KL Siew
14/03/2012 19:53:16
Yes, you are correct. But the problem discussed here involved those with salary more than RM1500 who are not covered by the EA.
Edit | Delete

Angela Wong
24/10/2012 12:22:29
Can sick leave for the year be pro rated for staff earning more than RM1.500, who joined in Sep/Oct 2012?
Edit | Delete

KF Gan
10/09/2015 13:51:53
is the MC can be consider pro-rata? Example, entitlement MC is 14 days per Year, 1.16 day/month. for month of August (8/12 X 14 day) = 9.3day, if MC taken more than this day shall consider Un-piad Sick Leave?
Edit | Delete

Post Response (Feel free to share your experiences)

Email:  (optional)


Best to get official advice, call now! Labour Office   EPF   SOCSO